ABSTRACT
This chapter discusses a “counterfactual meritocracy theory” for the justification of reverse discrimination. It argues that subject to certain qualifications and under certain conditions, preferential treatment for members of certain groups is both permitted and required by justice. The chapter shows that discrimination against females and blacks is unjust and also discusses certain standard objections to reverse discrimination. It suggests that, subject to certain qualifications, the counterfactual meritocracy theory can withstand the critical scrutiny. The analogy with reverse discrimination is imperfect; but it illustrates a guiding intuition underlying the fair counterfactual meritocracy. The counterfactual meritocracy would presumably allow market criteria to determine which members of victimized groups get jobs. A counterfactual meritocracy, comprehensively administered, could drastically reduce efficiency and productivity. Positions would be filled, within the constraints of knowledge and efficiency, in accordance with some combination of the criteria of actual merit and counterfactual desert.
